KARANSINGH Vs. STATE OF M P

JUDGEMENT

(1.) THIS is a petition whereby the petitioner Karansingh claims to be set at liberty forthwith on the ground that before submission of his application to this court he has already undergone 14 years of rigorous imprisonment, including the period of special remissions and remissions,

(2.) THE petitioner Karansingh was sentenced to imprisonment for life by judgment dated 7-4-1971. Including the period of remissions and special remissions on 26-1-1978 the period of undergone sentence comes to 13 years, 7 months and 26 days. There is no dispute between the parties on these facts.

(3.) NOW, the two questions are for consideration (i) whether the petitioner is entitled to be released on the basis of the ratio of Mohansingh v. State of M. P. 1980 MPLJ 665 : 1981 Cri LJ 147 and (ii) whether the petitioner is entitled to the ratio of Maru Ram v. Union of India. So far as the ratio of Mohansingh's case (supra) is concerned, it appears to have a different field to operate. Its applicability is confined to those cases where after giving margin to remissions and special remissions the sentence comes to 14 years as on 26-1-1978. In this case the period so calculated comes below 14 years on the Aforesaid date. Accordingly the petitioner is not entitled to the benefit of the ratio of Mohansingh's case (supra ). So far as the ratio of Maru Ram's case (supra) it concerned, their Lordships of the Supreme Court have held that insertion of Section 433-A in the Criminal P. C. 1973, is prospective in its operation and its applicability is confined to only those cases where a person has been convicted by the sentence of court after 18-12-1978 when the aforesaid section was inserted and brought into force by the amendment Act No. 45 of 1978. Accordingly, the provisions placed in Section 433-A of the Criminal P. C. 1973. are not applicable to the present case.